Overview:

Anna Fuiava will discuss this recent case in which she appeared as counsel for the respondent party.   In the application for leave to appeal, the Court considered interesting questions including:

• How is the Evidence Act, specifically the hearsay rule, relevant to private arbitration proceedings? 

• Is it open to a party to an arbitration to appeal on the basis that the arbitral decision was perverse? 

Through the lens of Justice Andrew’s decision, Anna will discuss how and if Evidence Act intersects with arbitration proceedings, as well as the difficult threshold to overcome when seeking leave to appeal.

This conference session offers a unique opportunity to delve into the complexities of the Evidence Act and its impact on appeals in private arbitration. By examining the Prestige Building Removals Ltd v Vogel case, Anna Fuiava Young, as counsel for the respondent party, will provide valuable insights and perspectives on the role of the Evidence Act in arbitration proceedings. Attendees will gain a comprehensive understanding of the challenges faced when seeking leave to appeal and the significance of Justice Andrew's decision in shaping the landscape of evidence and appeals in arbitration.